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Spangenberg Shibley & Liber Partners Jeremy Tor and Nicholas DiCello recently obtained a more than $9.5 million settlement in a medical malpractice case on behalf of a 69-year-old woman who suffered brain damage after a hospital neglected to empty her pain pump before conducting an MRI.
The woman’s pain pump worked by delivering small amounts of opiate medication directly into her spinal fluid to treat her chronic back pain. The pump manufacturer instructs health care providers to empty patients’ pumps before they enter the MRI room, as an MRI’s magnetic field can affect how they function and cause drug overdoses. In this case, an overdose led to the woman’s life-changing injury.
“The powerful magnets in an MRI can affect many different medical devices, and taking the necessary steps before the procedure is standard,” Jeremy said. “To ignore the medical device manufacturer’s clear instructions puts patients in grave danger.”
The woman was put in the MRI machine, and the magnetic field caused the pump valves to open and empty all the opiate medication into her spinal fluid, resulting in a hypoxic brain injury that left her permanently debilitated and dependent on others for 24-hour care and supervision.
“Our client’s quality of life was changed forever by a preventable tragedy – one that no patient should have to face,” Jeremy said. “There’s no excuse for medical teams that don’t take all reasonable measures possible to ensure a safe outcome for a routine procedure.”
Jeremy and Nick obtained the settlement against the hospital corporation after extensive discovery and motion practice, shortly before the trial.
“This case highlights the importance of patient safety and the vital role the civil justice system plays in holding corporations responsible when their negligence causes catastrophic harm,” Jeremy said.
